Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 2075

Declaration of Tim Rowden in Support of 2053 Opposition to 2054 TO APPLE'S MOTION FOR A PERMANENT INJUNCTION AND DAMAGES ENHANCEMENT, AND APPLE'S MOTION FOR JUDGMENT AS A MATTER OF LAW (RENEWED), NEW TRIAL, AND AMENDED JUDGMENT filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Related document(s) 2053 , 2054 ) (Estrich, Susan) (Filed on 10/21/2012) Modified text on 10/22/2012 (dhmS, COURT STAFF).

QUINN EMANUEL URQUHART & SULLIVAN, LLP
1 Charles K. Verhoeven (Cal. Bar No. 170151)
[e-mail]
 50 California Street, 22nd Floor
San Francisco, California 94111
 Telephone: [phone]
Facsimile: [phone]

Kathleen M. Sullivan (Cal. Bar No. 242261)
 [e-mail]
Kevin P.B. Johnson (Cal. Bar No. 177129)
 [e-mail]
Victoria F. Maroulis (Cal. Bar No. 202603)
 [e-mail]
555 Twin Dolphin Drive 5th Floor
 Redwood Shores, California 94065
Telephone: [phone]
 Facsimile: [phone]
 Susan R. Estrich (Cal. Bar No. 124009)
[e-mail]
 Michael T. Zeller (Cal. Bar No. 196417)
[e-mail]
 865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
 Telephone: [phone]
Facsimile: [phone]

Attorneys for SAMSUNG ELECTRONICS
 CO., LTD., SAMSUNG ELECTRONICS
AMERICA, INC. and SAMSUNG
 TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION



APPLE INC., a California corporation,



Plaintiff,
vs.



SAMSUNG ELECTRONICS CO., LTD., a
 Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
 York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
 LLC, a Delaware limited liability company,


CASE NO. 11-cv-01846-LHK
DECLARATION OF TIM ROWDEN IN
SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION FOR A
PERMANENT INJUNCTION AND
DAMAGES ENHANCEMENT, AND
APPLE’S MOTION FOR JUDGMENT AS
A MATTER OF LAW (RENEWED), NEW
TRIAL, AND AMENDED JUDGMENT

Defendants.



02198.51855/5016924.1

1010

Case No. 11-cv-01846-LHK
ROWDEN DECLARATION ISO OPPOSITION TO APPLE’S PERMANENT INJUNCTION AND DAMAGES
ENHANCEMENT MOTION AND APPLE’S JMOL, NEW TRIAL, AND AMENDED JUDGMENT MOTION

1

DECLARATION OF TIM ROWDEN

2

I, Tim Rowden, declare as follows:

3

1.

I am currently employed by Samsung Telecommunications America, LLC

4 (“STA”) as the Vice President of Product Management. I make this declaration of personal,
5 firsthand knowledge, and if called and sworn as a witness, I could and would testify as set forth
6 below.
7

2.

As the Vice President of Product Management, I am familiar with and have

8 knowledge of STA’s sales of certain mobile devices.
9

3.

I understand that Samsung Electronics Co., Ltd. (“SEC”) has developed

10 design arounds for the ‘381, ‘163 and ‘915 patents.
11

4.

I understand that SEC began implementing the design around for the ‘381

12 patent in its products by late 2011. The technical description of this design around is contained in
13 the Declaration of Hee-chan Choi. This design around has been implemented in the Galaxy S II
14 (T-Mobile) (Model No. SGH-T989) product that is still being sold. STA received approval from
15 T-Mobile to implement the design around for the ‘381 patent in the Galaxy S II (T-Mobile)
16 (Model No. SGH-T989) on September 28, 2011.
17

5.

I understand that SEC began implementing the design around for the ‘163

18 patent in its products by March 2012. The technical description of this design around is contained
19 in the Declaration of Hee-chan Choi. This design around has been implemented in the Galaxy S
20 II (T-Mobile) (Model No. SGH-T989) product that is still being sold. STA received approval
21 from T-Mobile to implement the design around for the ‘163 patent in the Galaxy S II (T-Mobile)
22 (Model No. SGH-T989) on May 30, 2012.
23

6.

The design around for the ‘915 patent has been implemented in the Galaxy

24 S II (T-Mobile) (Model No. SGH-T989) product that is still being sold. The technical description
25 of this design around is contained in the Declaration of Hee-chan Choi. STA received approval
26 from T-Mobile to implement the design around for the ‘915 patent in the Galaxy S II (T-Mobile)
27 (Model No. SGH-T989) on September 28, 2012.
28
02198.51855/5016924.1

Case No. 11-cv-01846-LHK
ROWDEN DECLARATION ISO OPPOSITION TO APPLE’S PERMANENT INJUNCTION AND DAMAGES
ENHANCEMENT MOTION AND APPLE’S JMOL, NEW TRIAL, AND AMENDED JUDGMENT MOTION

-1-

1

7.

As a consequence, the Galaxy S II (T-Mobile) (Model No. SGH-T989)

2 product being sold by the date of the December 6, 2012 hearing will contain the design arounds
3 described above.
4

I declare under penalty of perjury under the laws of the United States of America

5 that the foregoing is true and correct.
6

Executed October 19, 2012, at Richardson, Texas.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51855/5016924.1

-2Case No. 11-cv-01846-LHK
ROWDEN DECLARATION ISO OPPOSITION TO APPLE’S PERMANENT INJUNCTION AND DAMAGES
ENHANCEMENT MOTION AND APPLE’S JMOL, NEW TRIAL, AND AMENDED JUDGMENT MOTION